Definitions

"5Gigs.com" or "We" refers to 11 Media Corp. DBA 5Gigs.com , its subsidiaries and affiliates.

"Service" refers to the services provided by 5Gigs.com and subscribed to by you (the customer) and may include, but is not limited to Website Hosting and, Domain Name Registration/Transfers.

"You" or “Your” refers to the person or organization who uses or subscribes to 5Gigs.com’s Services.

"AUP" means Acceptable Use Policy.

Manner of Use

You agree to use the Service in a courteous and cooperative manner so as to avoid abusing the Service, Netiquette and user etiquette. You also agree to respect the use of the Internet so that you do not violate the laws or affect the rights of others. You will not misuse proprietary information or property of others for your own purposes or otherwise and will not publish threatening or defamatory materials or any materials otherwise injurious to the business or reputation of others. In particular, without limiting the generality of the foregoing, you shall not do, nor permit any of your authorized users or other third parties to do, any of the following:

- Choose a domain or sub domain for your account which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright or other right holder;

- Disclose private communications or disclose confidential information without permission to parties other than the intended recipient;

- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial/state, national or international law, including, without limitation, export control laws and regulations;

- Choose a domain or sub domain name for your account which is libelous, defamatory, obscene, threatening, abusive or hateful;

- Post or transmit any information or software that you are aware contains a virus, worm, or other harmful component;

- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Internet which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;

- Falsify user information provided to us or to other users of the Service in connection with the use of our Service;

- Use any means or device to obtain, or attempt to obtain, the Services with the intent to avoid the applicable charges;

- Use any means or device to gain unauthorized access to, alter, or destroy (or any attempt thereof) the data or information of any other customers and/or their end users;

- Engage in any activities that will cause a disruption of the Services (e.g. synchronized number sequence attacks) to other users and/or their end-users;

- Use the Services in violation of the law, or in aid of any unlawful act, or to interfere with the use and operation of our network;

- Host a website containing POP-UPS, POP/GO-BEHINDS or EXIT POP-UPS; however members may place advertising banners on their websites;

- Use a URL masking/forwarding service (such as CJB.net) to send visitors to your website;

- Link directly to our IP address;

- Host EBS, LeoBBS or Discuz boards. They are not allowed due to the overwhelming server loads they generate. We provide you with both PHPBB which can be automatically installed at a click of a button;

- Host any type of proxy script.

- Host your site without creating an index page in your “public_html” folder containing links to each web page in your site;

- Hide your website behind our default index page ;

- Use any programs that constantly upload to your site via the web or our FTP server such as webcam/chat scripts;

We consider the above practices to constitute abuse of both our Internet Service and of the recipients of such unsolicited mailings or postings who often bear the expense. Engaging in one or more of these practices will result in immediate termination of your account. Nothing contained in this policy shall be construed to limit our actions or remedies in any way with respect to any of the foregoing activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including, without limitation, all rights and remedies available to us at law or in equity. We reserve the right, at our sole discretion, to deny access at any time to users who breach the above rules or cause other abuses which we, in our sole discretion, deem to be disruptive to our subscribers.

5Gigs.com’s Right to Discontinue Service

We reserve the right to cancel the provision of our Service to you at any time without notice and at our sole discretion. Without limitation, if you modify, alter, reverse engineer, decompile, disassemble or create derived works based on our proprietary network protocols or software provided by us, your action(s) will constitute Service abuse and we will have the right to immediately terminate the account without limiting any other recourse we may wish to pursue against you in respect of such infringements and illegal activity.

All sub domain names associated with the Internet Service shall remain our property and we may, at any time at our sole discretion, require you to change your sub domain name.

It shall be 5gigs rights to either terminate or assume ownership of files residing on our servers for any accounts that violate or terms.

Additional Items

- 5gigs.com reserves the right to display advertising on member sites and/or add search directories or webpages to members websites.

- If you are hosting your own domain name with our Free Hosting service, your domain must have its nameservers pointing 5gigs nameservers.

- If you are under the age of 13, you must have parental consent to sign up for your free web hosting account..

- 5gigs.com reserves the right to modify our Terms & Conditions, our account plans and services offered at anytime without prior notice.

- 5gigs.com makes no guarantee as to the availability of service. Every effort will be made to provide the best possible uptime and we will strive for 99% uptime.

- Accounts may be removed, if there is no activity for more than 60 days. Activity is defined as the user logging into their account.

- You must publish web content within 15 days of activation or your account may be removed.

- All new accounts must be activated within 7 days of sign-up or they may be removed.

- You agree that 5gigs.com can e-mail you from time to time with information about 5gigs.com activities and offers from our partners and advertisers.

- We reserve the right to request users verification of licenses for any software that requires licensing. If this cannot be provided we reserve the right to suspend or terminiate these accounts.

5Gigs Does Not Support the Following:

- Proxy sites

- Distribution of or providing links to Pirated and/or Unlicensed software or software keys etc.

- Frames based websites

- Shell scripts

- Any script that modifies webpage header information on the index page. This may include various Forum platforms etc. If you plan on running these scripts/programs please be sure that they are not your main index page.

By hosting your site with 5Gigs.com you agree to abide by the aforementioned terms of service. Violation of the terms of service could mean deletion of your account and in severe circumstances your actions will be reported to your local, state/provincial, or federal authorities.